Loading...
07-26-05 Item 13CITY OF SOUTH MIAMI Inter - office Memorandum TO: Honorable Mayor, Vice Mayor ORDINANCE: DATE: July 26, 2005 South Miami btftd AII•AmericaCity 2001 AGENDA ITEM No._6 RE: Authorizing the City Manager to renew NPDES Interlocal Agreement between the City & Miami -Dade County AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO EXECUTING AN INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY TO PROVIDE CONTROL OF POLLUTANT DISCHARGES BETWEEN MUNICIPAL SEPARATE STORM SEWER SYSTEMS NAMED IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM UNDER PERMIT NO. FLS000003; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE BACKGROUND & ANALYSIS: This agreement is the continuation of our ongoing interlocal agreement with Miami -Dade County for the control of discharges from any and all municipal separate storm sewer systems that may be shared, pursuant to Section 403.0885, Florida Statues, Rule 2 -624, Florida Administrative Code, and EPA's NPDES permit. The scope of work will include sampling, monitoring and analysis of a variety of storm sewer systems throughout Miami -Dade County. The attached agreement also provides for the cost of professional services required to perform the scope of work and how the costs will be shared by each municipality. The term of the agreement shall commence upon the final date of execution and shall expire on November 16, 2012. According to Attachment "A" (Annual Monitoring Costs for Miami -Dade County and Co- permittees), the City will pay $1,350 annual monitoring during the agreement period. The $1,350 is consistent with the amount we paid from our Stormwater Trust Fund for the past couple of years. RECOMMENDATION: It is recommended that the City Commission approve the ordinance. ATTACHMENTS: • Proposed Ordinance • NPDES Inter -local Agreement with Miami -Dade County I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO EXECUTING AN 5 INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY TO 6 PROVIDE CONTROL OF POLLUTANT DISCHARGES BETWEEN 7 MUNICIPAL SEPARATE STORM SEWER SYSTEMS NAMED IN THE 8 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM UNDER 9 PERMIT NO. FLS000003; PROVIDING FOR SEVERABILITY; 10 ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City of South Miami is one of the co- permittees named in Permit No. 13 FLS000003, authorized to discharge storm water system under the National Pollution Discharge 14 Elimination System ( NPDES); and, 15 16 WHEREAS, the attached interlocal agreement provides for control of discharge from any 17 and all municipal separate storm sewers (MS4) that may be shared by any of the parties to the 18 agreement, as required by the State of Florida Department of Environmental Protection pursuant 19 to Section 403.0885, Florida Statues, and Rule 62 -624, Florida Administrative Code, and the 20 Environmental Protection Agency (EPA) NPDES Permit; and, 21 22 WHEREAS, the EPA requires, as part of the NPDES MS4 Operating Permit, the city, to 23 sample, monitoring and to provide analysis of a variety of storm sewer systems throughout 24 Miami -Dade County; and, 25 26 WHEREAS, the City agrees to pay Miami -Dade County $1,350 annually, or as revised 27 and agreed upon during the term of the agreement, for monitoring cost attributed to the operating 28 permit; and, 29 30 WHEREAS, the term of the attached interlocal agreement shall commence upon the final 31 date of execution of the interlocal agreement by all the parties and shall expire on November 16, 32 2012. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. THAT: 36 37 Section 1. The above whereas clauses are incorporated by reference. 38 39 Section 2. The Mayor and City Commission renew the NPDES Interlocal Agreement 40 between Miami -Dade County for monitoring cost and shared storm sewer systems under NPDES 41 permit no. FLS000003. 42 43 Section 3. The Mayor and City Commission authorize the City Manager to execute 44 the interlocal agreement attached as exhibit A to this ordinance for a term commencing upon the 45 final date of execution of the interlocal agreement by all parties and shall expire on November 46 16, 2012. Additions shown by underlining and deletions shown by ever-striking. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall become effective immediately after adoption hereof. PASSED AND ADOPTED this day of , 20_. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY MAYOR 1 st Reading — 2nd Reading — COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: Additions shown by underlining and deletions shown by ^v°r g. MIAMI•DADE ADA Coordination A` Agenda Coordinations Art in Publlc Places Audit and Management Services May 149, 20055 Aviation Building Code Compliance Building Business Development Capital Improvements Citizen's Independent Transportation Trust Communications Community Action Agency Community & Economic Development Community Relations Consumer Services Corrections & Rehabilitation Countywide Healthcare Planning Cultural Affairs Elections Emergency Management Employee Relations Enterprise Technology Services Environmental Resources Management Fair Employment Practices Finance Fire Rescue General Services Administration Historic Preservation Homeless Trust Housing Agency Housing FinanceAuthodty Human Services Independent Review Panel International Trade Consortium Juvenile Assessment Center Medical Examiner Metropolitan Planning Organization Park and Recreation Ms. Maria Davis City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Department of Environmental Resources Management Water Management - Division 33 SW 2nd Avenue, 2nd Floor Miami, Florida 33130 -1540 T305-372-6529 F 305 - 372 -6425 miamidade.gov ECEIVE I MAY 2 3 2005 I MANAGER'S OFFICE RE: Renewal of NPDES Interlocal Agreements Between All Parties to NPDES Permit NO FLS000003, for Monitoring Costs and Shared Storm Sewer Systems Dear Ms, Davis: Please find attached a new and amended Interlocal Agreement for NPDES activities under the referenced permit. We are pleased to announce we have consolidated the two Agreements we had executed in the past permit period. This new Agreement now includes language that addresses both shared storm sewers and the monitoring activities performed by the County As in the prior Agreement, the monitoring costs are based on the numbers of outfalls for each Co- Permittee, and attendant percentage of the total cost of monitoring by the County. Attachment A is included for your reference, and please note that, due to new outfalls having been constructed around the County, the numbers may have changed for some Co- permittees. These numbers also may change as new incorporations occur. Please review with appropriate staff, and when approved have your Council or Board execute the Agreement in its current form. It is critical that all Co- Permittees to this Permit agree to use the same language contained in the Agreement, to facilitate a smooth approval and execution process. Planning and Zoning Police It is also critical that the Agreement be expedited through the execution process of Procurement Management all Co- Permittees to the referenced Permit. Once the Co- Permittees sign the Property Appraiser Agreements, they must be approved by the County's Board of County Public Library System Commissioners. Because this Board recesses during the summer months, time is Public: Works of the essence to get the Agreements to this Board and have them approved before Safe Neighborhood Parks the original Agreements expire in November 2005. Seaport Solid Waste Management : Toward that objective, we are .asking that you please return three original signed Strategic Business Management Agreements, and the first scheduled payment to the County, to our Department by Team Metro July 1, 2005. Please make checks payable to "the Board of County Transit Commissioners ". Urban Revitalization Task Force ! , %�Jj r Vizcaya Museum and Gardens 1' �F r if t Y! f G L 6 fi C �i �� : 1 rf y Water and Sewer "� If you have any questions on the Agreement, I can be reached at 305 - 372 -6529, or via Email at Gambino(cDmiamidade.Qov. Randall White, of my staff, is also available at 305- 372 -6406. 1 can also meet with any of your staff or representatives to explain the Agreement if needed. Thank you in advance for your prompt attention in this matter. Sincerely, Mike Gambino, CFM Section Supervisor Stormwater & Floodplain Management Programs MG:ma Attachment INTERLOCAL AGREEMENT BETWEEN CO- PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT NO. FLS000063 AND MIAMI-DADE COUNTY PROVIDING FOR PERFORMANCE OF PROFESSIONAL SERVICES AND BETWEEN ALL CO- PERMITTEES PROVIDING FOR CONTROL OF POLLUTANT II'ISCHARGES BETWEEN SHARED MUNICIPAL SEPARATE STORM SEWER SYSTEMS This Interlocal Agreement ( "Agreement ") is made and entered into this day of November , 2005, by and between all CO- PERMITTEES named in Permit No. FLS000003, Authorization to Discharge under the National Pollutant Discharge Elimination System. This Agreement provides for control of discharges from any and all municipal separate storm sewer systems that may be shared by any of the parties to this Agreement, as required by the State of Florida Department of Environmental Protection (hereinafter referred to as FDEP) pursuant to Section 4010885, Florida Statutes, and Rule 62 -624, Florida Administrative Code, and the Environmental Protection Agency (hereinafter referred to as the "EPA ") National Pollutant Discharge Elimination System (hereinafter referred to as "NPDES ") Permit Regulations for Storm Water Discharges Final Rule (hereinafter referred to as ( "NPDES Final Rule "). This Agreement further provides for the professional services required to accomplish the tasks set forth in the NPDES Final Rule and the NPDES MS4 Operating Permit that may be initiated and performed on behalf of both the CO- PERMITTEES and the COUNTY. Section I Definitions For purposes of this Agreement, the following terms shall apply: AGREEMENT shall mean this document, including any written amendments thereto,' and other written documents or parts thereof which are expressly incorporated herein.by reference. CO- PERMITTEE or CO- PERMITTEES shall mean the following municipalities and agencies named in NPDES Permit No. FLS000003 as Co- Permittees: Miami -Dade County, Town of Bay Harbor Islands, Bal Harbour Village, City of Coral Gables, Indian Creek Village, City of North Bay Village, City of Miami Beach, City of North Miami Beach, Miami Shores Village, City of North Miami, Town of Golden Beach, Village of El Portal, City of Aventura, City of Sunny Isles Beach, Town of Surfside, City of West Miami, City of South Miami, City of Homestead, City,of Opa- Locka, Village of Pinecrest, Town of Medley, City of Miami Springs, Village of Key Biscayne, City of Hialeah Gardens, Town of Miami Lakes, Florida Department of Transportation District VI, Florida Department of Transportation Turnpike District, and the Miami -Dade County Expressway Authority. COUNTY shall mean Miami -Dade County FORCE MA,IEURE shall mean an act of God, epidemic, lightning, earthquake, afire, explosion, hurricane, flood or similar occurrence, strike, an act of a. public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably. be expected to have a material adverse effect on the rights or obligations under this Agreement. MS4 shall mean municipal separate storm sewer system, as set forth in 40C.F.R.122.26. In all other instances, terms used in this Agreement shall have the definitions contained in the EPA NPDES Final Rule 40 CFR Parts 122, 123 and 124. Section II Term of Agreement The term of this Agreement shall commence upon the final date of execution by all CO- PERMITTEES, and shall expire on November 16, 2012. Section III Scope of Work The parties hereto agree that the EPA is requiring as part of the NPDES MS4 Operating Permit the sampling, monitoring, and analysis of a variety of storm sewer, systems throughout Miami -Dade County. The parties hereby agree that the monitoring costs attributable to this operating permit shall be the joint responsibility of alt parties hereto, and shall be based on a percentage rate obtained by dividing the number of outfalls which drain to United States bodies of water existing in the geographical boundaries of each CO- PERMITTEE by the total number of outfalls existing within the geographic boundaries of all CO- PERMITTEES. Furthermore, 40 CFR 122.26(d)(2)(i)(D) requires control of pollutants through interlocal agreements, making each NPDES CO- PERMITTEE responsible for discharges from their MS4 to the MS4 of another NPDES MI CO- PERTTEE or to the waters of the United States. This Agreement sets forth the agreement of the CO- M PERTTEES and the COUNTY and between all of the CO- PERMITTEES with respect to shared responsibilities in the identification and control of discharges from one MS4 to another. Section IV COUNTY's Oblieations 1. Compliance with NPDES MS4 Operating Permit The COUNTY shall perform monitoring and: sampling activities as required in Miami -Dade County's NPDES MS4 Operating Permit. 2. Permits The COUNTY shall obtain all applicable federal, state and local permits and approvals (with the exception of permits and approvals required by CO- PERMITTEES, if any, which shall be obtained by the respective CO- PERMITTEE), which are required to perform activities under the NPDES MS4 Operating. Permit. 3. Report The COUNTY shall. provide the CO- PERMITTEES with a report with the results of the monitoring and sampling activities required under the NPDES Operating Permit. 4. Notice of COUNTY Meeting The COUNTY shall provide the CO- PERMITTEES with oral or written notice of all regular meetings held by COUNTY staff for the purpose of reviewing the compliance status with the NPDES MS4 Operating Permit. 2 Section V CO- PERMTTEES' Obligations I. Prevention of Theft of COUNTY Equipment The CO- PERMITTEES shall take reasonable steps to prevent theft or vandalism of COUNTY equipment located within the CO- PERIVIITTEE'S geographic boundary. The CO- PERMITTEES agree that. such equipment may. be placed within each CO- PERMITTEE'S geographic boundary for extended periods of time, as necessary to complete the sampling and monitoring tasks contemplated by this Agreement and the NPDES MS4 Operating Permit. 2. Compensation Not later than ten (10) days after the date of execution of this Agreement by all CO- PERMITTEES, each Co- Permittee shall pay to the COUNTY its proportional share of the payment due for monitoring activities set forth in this Agreement and as set forth in Attachment "A" herein. The annual cost, in accordance with the schedule of payments set forth in Attachment "A" herein, shall be due on the anniversary date of execution of this Agreement for each year the NPDES MS4 Operating Permit is in force and effect. Failure to pay the agreed -upon costs to COUNTY in accordance with this Agreement shall be deemed default by the CO- PERMITTEE that fails to pay pursuant to this Agreement. 3. Access The CO- PERMITTEES shall provide the COUNTY with reasonable access at all times as necessary to perform the sampling and monitoring required by this Agreement of any storm sewer systems which may be located within the CO- PERMITTEE'S geographic boundary. Section VI Indemnification The CO- PERMITTEE shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the COUNTY or its officers, employees,- agents or instrumentalities may incur as a result of claims, demands, suits, causes of .actions or proceedings of any kind or nature arising out of, relating to or' resulting from the performance of this Agreement by the CO- PERMITTEE or its employees, agents, servants, partners, principals or subcontractors. The CO- PERMITTEE shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgements and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the CO- PERMITTEE shall not be held liable to pay a personal injury 'or property damage claim or judgement by any one person which exceeds the sum of $100,000, or any claim or judgement or portions thereof, which, when totaled with all other claims or judgement paid by the CO- PERMITTEE arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the CO- PERMITTEE. The COUNTY shall indemnify and hold harmless the CO- PERMITTEE and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the. CO- PERMITTEE or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the COUNTY or its employees, agents, servants, partners, principals or subcontractors. The COUNTY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CO- 3 PERMITTEE, where applicable, including appellate proceedings, and shall pay all costs, judgements and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the COUNTY shall not be held liable to pay a personal injury or property damage claim or judgement by any one person which exceeds the sum of $100,000, or any claim or judgement or portions thereof, which, when totaled with all other claims or judgement paid by the COUNTY arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the COUNTY. Section VII County Event of Default Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in accordance with this Agreement, unless. justified by Force Majeure, shall constitute a "COUNTY event of Default ". If a COUNTY event of default should occur, the CO- PERMITTEE shall, have all of the following rights and remedies which it may exercise• singly or in combination: L. The right to declare that this Agreement together with all rights granted to COUNTY hereunder are terminated, effective upon such date as is designated by the CO- PERMITTEE; 2.' Any and all rights provided under federal laws and the laws of the State of Florida. Section VIII Co- Permittee Event of Default Without limitation, the failure by the CO- PERMITTEE to substantially fulfill any of its material obligations . in accordance with this Agreement, unless justified by Force Majeure, shall constitute a " CO- PERMITTEE Event of Default ". If a CO- MMITTEE Event of Default should occur, the COUNTY shall have all of the following rights and remedies which it may exercise singularly or in combination: l.. The right to declare that this Agreement together with all rights granted to CO- PERMITTEE hereunder are terminated, effective upon such date as is designated by the COUNTY; 2. Any and all rights provided under federal laws and the laws of the State of Florida. Section IX General Provisions Authorization to Represent the CO- PERMITTEE -in NPDES MS4 Operating Permit The CO- PERMITTEE hereby authorizes the COUNTY to act on its behalf only with respect to: monitoring and sampling portions of the NPDES MS4 Operating Permit; and compliance with requirements of those monitoring and sampling portions under the NPDES MS4 Operating Permit. 2. Attendance at COUNTY Permit Review Meetings. The CO- PERMITTEE may, but is not required to, attend any or all regular meetings held by COUNTY staff for the purpose of reviewing the status of the NPDES MS4 Operating Permit. 3. Responsibility for Discharges The CO- PERMITTEES shall each be responsible for the control, investigation of and remedial activities relating to discharges of pollutants from within their respective MS4 or boundaries to the municipal separate storm sewer system of another NPDES MS4 CO- PERMITTEE, pursuant to the requirements of 40CFR 122.26(d)(2)(i)(D). 4. Identification of Discharges Both the CO- PERMITTEE whose stormwater system generates a pollutant discharge that impacts another CO- PERMITEE'S system and the impacted CO- PERMITTEE agree to cooperate by providing the staff and equipment necessary to identify the source of pollutant discharges emanating from the separate storm sewer system of one CO- PERMITTEE to the separate storm sewer system of another CO- PERMITTEE. 5. Notification When pollutant discharges to 'a shared separate storm sewer system are discovered, the CO- PERMITTEES, or COUNTY, or any of the foregoing, as applicable, which are the source of the discharge(s) agree to report said discharges to the other affected parties sharing the particular MS4. The COUNTY shall assist, as needed, in any investigation and identification of a source of the discharge. If the COUNTY discovers a discharge in the separate storm sewer system of a CO- PERMITTEE or the COUNTY, the COUNTY will investigate the source of the discharge and report its findings to the affected NPDES CO- PERMITTEES. When an investigation specifically identifies an NPDES CO- PERMITTEE as the source of a pollutant discharge, that CO- PERMITTEE shall be responsible for ceasing the discharge and remediating the effects of the discharge by restoring the affected MS4 in accordance with applicable standards. 6. Dispute Resolution when the parties sharing a MS4 cannot agree on the source of a discharge to their shared MS4, the State of Florida Department of Environmental Protection, Bureau of Watershed Management, shall be the final arbiter in determining jurisdiction and responsibility for cessation of discharge, remediation,-and final resolution. 7. Termination Each party may terminate that particular party's participation in this Agreement without cause by providing sixty (60) days. prior written notice of termination to the other parties to this Agreement. CO- PERMITTEES shall be entitled to reimbursement of monies paid to the COUNTY only in the event of termination for- cause by the CO- PERMITTEE, or termination without cause by the COUNTY, and the CO- PERMITTEE shall then be entitled to such reimbursement only to the 5 extent that services providing information useful to the NPDES MS4 Permit have not been rendered by the COUNTY. Upon termination by any party, the NPDES MS4 Operating Permit status of that party shall be the sole responsibility of that party. 8. Entire Agreement; Prior Agreements Superseded; Amendment to Agreement This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and t.,at this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by the parties hereto or their representatives. 9. Headings Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 10. Notices and Approval Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the. parties as follows: To County: To Co- Permittee: Attn: 305/ Miami -Dade County Department of Environmental Resources Management 33 S.W. 2 Ave, Suite 1200 Miami, Florida 33130 Attn: Department Director 305/372 -6789 11. Performance by Parties Except as otherwise provided in this Agreement, in the event of any dispute arising over the provisions of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings-to resolve such dispute. D 12. Rights of Others Nothing in the Agreement express or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 13. Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms and conditions to be met and performed pursuant to this Agreement. 14. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the United States. The COUNTY and the CO- PERMITTEE agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Miami -Dade County, Florida. 15. Severability The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided the material purposes of this Agreement can be determined and effectuated: 16. Waiver There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such ri ght. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof . Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. Section X Execution in Counterparts This Agreement may be executed in •counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF, Miami -Dade County, Florida, has caused this Agreement to be executed in its name by the County manager or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached; and the City of Florida has caused this Agreement to be executed in its name by the Town Mayor or his designee, attested by the Clerk of the Town Council and has caused the seal of the Council to be hereto attached, all on the day and year first written above. MIAMI -DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Attest: By: By: Clerk of the Board County Manager 7 Clerk of the By: Clerk City of FLORIDA BY ITS COUNCIL attest: By: City Mayor 8 ATTACHMENT "A" ANNUAL MONITORING COSTS FOR MIAMI -DADE COUNTY AND CO- PERMITTEES Municipality /Agency Number of Outfalls Percent of Total Outfalls Dollar Contribution for NPDES Co- Permittees 1 City of Aventura 138 3.2 $14,400 2 Bal Harbour Village 11 0.3 1,350 3 Town of Bay Harbor Islands 57 1.3 5,850 4 City of Coral Gables 110 2.5 11,250 5 Village of El Portal 9 0.2 900 6 Town of Golden Beach 40 0.9 4,050 7 City of Hialeah Gardens 5 0.1 450 8 City of Homestead 47 1.1 4,950 9 Indian Creek Village 16 0.4 1,800 10 Village of Key Biscayne 24 0.6 2,700 11 Town of Medley 1 0.1 450 12 City of Miami Beach 228 5.2 23,400 13 Miami Shores Village 36 0.8 3,600 14 City of Miami Springs 4 0.1 450 15 City of North Bay Village 54 1.2 5,400 16 City of North Miami 165 3.8 17,100 17 City of. North Miami Beach 230 5.3 23,850 18 City of Opa -locka 10 0.2 900 19 Village of Pinecrest 63 1.4 6,300 20 City of South Miami 12 0.3 1,350 21 City of Sunny Isles Beach 90 2.1 9,450 22 Town of Surfside 12 0.3 1,350 23 City of West Miami 5 0.1 450 24 Uninc. Miami -Dade County* 1,986 45.4 204,300 25 FDOT District VI 590 13.5 60,750 26 FDOT Turnpike 65 1.5 6,750 27 Town of Miami Lakes 229 5.3 23,850 28 MDX 124 2.8 12,600 Totals 4,361 .100-01 $450,000 Y Includes Outfalls for Doral, Miami Gardens, and Palmetto Bay 1 Total Annual Cost of County and Co- Permittees' NPDES Requirements Revised 05/19/2005 O < m co o=m w-o ow Tm + 'm mw c�co �9 mma2n m° 000 m. o�"AC0 ON cD rD,.- ? �°'QO 1< Zm I m -O ❑o'w.ao �.Pdm mm� o owe °o. gX "x Om� mTw.8 �9m =.w ymS p0 TT - { m C y ?_m�O a?a�m owiyN ax �: m0 m= dao O <m a »;awrm.. 90 30. < ¢ awwmm �� a �m wm..��om' o °�3 a. o R9 �wacm9v amwy s m m m� D3ww °z ' a m ���>_ x z.a�w�mm m a� ss•6s� o m. om '< m.'m w 3 �wt00w ymm 33 5 m�N N.. o a•«N �oa�m nw :yC to .a lo = O ' -.. 5-RP - y3T a.�: _.3. m�3m w.md m"3o -mma (�: - o ZfNi1'm�t =SAO OOI G) T > Z,mnfA(Iy ZDIII <pfAitmmmb m�-lp G1v.'f-' W. TT COCoZO Tr=o., •ANm'OD m -C VAD O'� ZOpmDx�m.Dn nmyz'2AZG)Cm')KO,mT OOT-Ir m -i2-i0 �Zyy�py�.Z2p�rn '-;c) :m 2 '7S =o .NmDOAm.D2m n�ZOpO ym2fAflypO ZO.�Z'ZpZOKxaim rT-QmOm -sbmmZ mmOO .- 1 NmZ4S .voom �vz��D ;TZAm " {m�•• 'z . ,C•nDOD.l1gb b aymT� °.:DI: Da) °OAF n. CSOZ TO,N„ °DX �Z O•>iO NOm o y Z~. AD�00 T=pAmmAST 68 z Z°o DADm C2a OOp =m=., OZ� 'n OO 7� AO'�m�'• °Zl<ZZ'.AV DZ N OZC]Z.. Z "N Cp -�A �G)Z mOZ O -:'S OwG) {G)C y� �DyD mNm G1 -y °Om ZO��m�Z Om mm OZ'S oNa�tAii mNO .D-8— OyTO' RTTI mTOD GN�ZOmNO,"n•ri�Tm NT m =imi)..m DZmzo"m; <_�G) Z:"'�3oo3G5 ZZ AZTT� mA ....� O mOy Omm O "iA D D y- Oy3y pm- o m�DmD OYsDK - iN {2CSfir > {,, >' o m ZZ° -n'ap �mAfmfifil -�ZO G)�A mzD 20 ',pTum OZZOD ,_,�2pArA OZ •D,�y3Z r" -Im�Z: O' -Ni�RC '�moOZ P m D AmDO �mm A., m C'i C). NAG)�5= °OOApO �G) =�ol� pOm�mo ZOC 2 o 'D y -imp AT �vCmO zmwaw.: mo153 i, .Z.m prm D�S3 CN'y<mpC)n�oviv� OyOTD �GyC Z�N y',TV,A�ZD ,DZ °b,y n� >O D7,G) Zyy OZ nyyDyA <D.Zp)OOZ fmAD- ZI�2•Izoz. v °m NZ��G•oG � _ bD Za C7 I2fi2 m ° GO Z yDZ L) Om O 71:m- ZZoe 'S -ImAo A-ID cNmD -1Z� -1N 7mz T ADD Am OAA °2A Z <:ON -: -i0 pZ Om zz"�Avn OO;aN� z.���ANN`- moy<Nm o -- D mb<ZZr vmi0o yy.4 ZGZ'1 on2,1 zu rt�mJ�Q�y3v5b '��5 �mA DmP�. T'a7DZ DOD ,o zm DC D3TZ ,a OfOiIOmA °.3 O.OTN mO 'S A- 0 T O ..yy OZTK COm D-ipOO {m °mTap ;= D..{O2T iD:fA11 -Gm�m N23p AD -1T { Otn O�i-A 3:5 m-i .�..° myp °moTpz NAr $mLOm'v�0y i�D °zz - s'' 5. Ci3 O 3O O D 3 -p m ;gym ':m �. c'n� m B W o o.r °xf~/1a 12 0 0 N N } J Q V) " !n x 0 er w x w z U ro s h Y m FROM THE FIREFIGHTERS ®� ®® brae about area" sna' �' t j Lt: Shand Ball is a veteran ily are all identifiable by their safe side. s � � w- � A firefighter who now works in diamond- shaped heads, which The signs ar. Y� �+ the Miami -Dade Fire Rescue have a pit between the eyes. associated with -Department's Public Affairs They all have vertically eliipti- bite can be deli Office. She also writes this col -, cal (or catlike) pupils and two hours, so if you'-k umn for Neighbors. To reach prominent fangs. Rattlesnakes by anything tha her, e -mail firefighter @her- are further; identifiable by Coral Snake, rr ;� _ ° ald.com. their rattlers, but you should closely for the de ® Protects yap to 160 mph Hurricane . winds know that they don't always central nervous ° o Up to 50% less compared to shutters a unto -theft I saw a snake in my yard. rattle prior to striking. banes and res- m 24 hr. shutterless protection o Allows light to come Are snakes in Miami danger- Signs and symptoms of a pit tress. If in doubt., in to your home a Salves energy One time ous? viper bite may include: two Initial treaty. installation Lifetime warranty BETH distinctive punctures,. pain and venomous snaky COCONUT GROVE swelling atthe,site, weakness, the same: nausea, vomiting, numbness o Remove ° ® 10% OFF I noticed my. neighbor and tingling around the face or the snake's area. 0 a Exp.9 /31/05 doing some head, an d a metallic or unusual o Do not atte ° yard work the taste in the mouth. the snake; just t1 other. day, The fourth dangerous ber a general des and I casually snake native to South Florida e Call 911 imr. said, "Careful, is the Coral `Snake, and it's a remove any jewe Miami is full tricky,one. It doesn't have any ing that would.ct of snakes in `of the distinctive features of if swelling occur: the summer." ` the Pit Vipers, and with it's a Maintain th ®UR°T'��� ®���� i�� She` replied, red, yellow and black rings, it " below the level o "Thanks actually looks a lot like several ® Remain call CITY OF SOUTH MEAM19 FLORIDA WALL honey, but other harmless snakes found slow the circult On Tuesday, July 26 2005, beginning at 7:30 p.m:, in the City Commission Chambers, 6130 the dating in the state. The only differ- venom through tl game isn't ence is the order of the col- body. Sunset Drive, the City Commission will hold Public Hearings to considerthe following items: . AN ORDINANCE RELATING TO AN AMENDMENT OF CHAPTER 18 OF THE CODE any easier in the winter, . ored rings. 9 D NOT al OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA; AUTHORIZING AD either." There is a saying involving quet, ice or cold VALOREM TAX EXEMPTIONS FOR EXTERIOR IMPROVEMENTS TO HISTORIC Miami -Dade County is a "friend of jack" and "killing a suck the venom PROPERTIES FOR A PERIOD OF 10 YEARS; ESTABLISHING REQUIREMENTS AND home to a surprising number fellow"' that is supposed to wound, or mak PROCEDURES; DESIGNATING THE CITY OF SOUTH MIAMI HISTORIC of real snakes, too. There are help you remember which one around the site. . PRESERVATION BOARD TO REVIEW AND REPORT ON APPLICATIONS. P Y AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE IN ORDER TO many varieties native to the is dangerous, but even in the Besides the na ASSIST PROPERTY OWNERS OF DESIGNATED HISTORIC BUILDINGS BY area, although most are harm- most ideal situations, I Have a ous snakes in ou: CREATING SECTION 20 -4.11 ENTITLED "SPECIAL PROVISIONS APPLICABLE TO less and rarely seen since they hard time remembering, it cor- are the. occasi: DESIGNATED HISTORIC SITES WHICH PROVISIONS WOULD MODIFY THE are both fast and shy, rectly. snakes that have APPLICABILITY OF CERTAIN DEVELOPMENT REGULATIONS (NON- CONFORMING There are only four types of I can g SIGNS, OFF STREET PARKING REQUIREMENTS, CONTINUATION OF: NON- Y YP just imagine the:trou- been set free. If CONFORMING,USES, VARIANCE APPROVALS) ON DESIGNATED HISTORIC SITES. dangerous snakes found natu- ble I would have trying to get snake and you do AN ORDINANCE RELATING TO EXECUTING AN INTERLOCALAGREEMENT WITH MIAMI- rally in South Florida. The first it right while locked in a fierce it is venomous, thr DADE COUNTY TO PROVIDE CONTROL OF POLLUTANT DISCHARGES BETWEEN three are Pit Vipers staring match with any snake to do is leave it al MUNICIPAL SEPARATE STORM SEWER SYSTEMS NAMED IN THE NATIONAL ® The Eastern Diamond- wearing red, yellow and black. Many snakebite (POLLUTANT DISCHARGE ELIMINATION SYSTEM UNDER PERMIT NO. FLS000003. back Rattlesnake, which can A better way to remember bitten on the hanr AN ORDINANCE RELATING TO THE LAND DEVELOPMENT CODE; MODIFYING AND reach more than six feet. is to think of a stoplight. It which usually t SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR THE REDUCTION OF The Pygmy Rattlesnaie, goes yellow, then red;, and were handling tI ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK REQUIRED PARKING SPACES, FOR PERIOD OF NINE MONTHS; THEREBY which is 1 to 2 feet long and then you STOP. If the snake's trying to catch iL FORCE, PARKING COMMITTEE, AND THE PLANNING BOARD PERTAINING TO THE very aggressive. rings have yellow that touches catch or handle a REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE NECESSARY a The Cottonmouth or red, you STOP. Of course, my, you are trained t AMENDMENTS; PROVIDING THAT ORDINANCES OR SECTIONS' THEREOF IN Water Moccasin, which is usu- favorite reminder is to stay you are sure it is CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD, ally found near water. away no matter what order the ous. For more on: AN ORDINANCE AMENDING THE CODE OF ORDINANCES; CHAPTER 7, BUILDINGS; Snakes in the Pit Vi ea- s are in, just to be on the www.miamidade. BY ADDING SECTIONS 7 -13, SITE DEBRIS AND 7 -14, HURRICANE PROTECTION. r fm rings g € AN ORDINANCE RELATED TO THE PERMITTED USE SCHEDULE BY AMENDING SECTION 20- 3:3(D)' AND SECTION 20- 3.4(8) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO ALLOW PET DAY CARE CENTERS AS A SPECIAL USE IN THE MO, GR,TODD(MU•4),TODD(MU -5), AND TODD (1-I -4) ZONING DISTRICTS. A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW. THE LOT SIZE OF A BUILDING SITE TO BE 5,618 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED; A VARIANCE TO ALLOW EXISTING PARKING lash SPACES TO BE WITHIN 15 FEET OF AN INTERSECTION AND TO BACK OUT INTO A r 1 PUBLIC RIGHT -OF -WAY; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL T 1. REQUIREMENT GRAPHIC TO PERMIT FEET 6 INCHES OF ABUTTING LANDSCAPE WHERE 5 FEET 15 REQUIRED; ALL ON PROPERTY LOCATED AT 7001 SW 61 AVENUE, SOUTH MIAMI, FLORIDA THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF NEW THREE STORY MIXED USE BUILDING. 'OIIr Sunday Herald has hundreds Of CIOIIdCS Inquiries concerning this Item should be directed to the Planning Department at 305.663.6326.°' ALL interested porkies are invited to attend and will be heard. ` z of tree coupowevery week. Save ,money o r groceries and cosmetics. Get discounts at Made Pa. Menendez� restaurants, receive special offers. City Merit .Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to Rat o appeal any decision made by this Board, Agency or Commission with respect to any matter sw ri Coupons *n Sunday's He4 considered at its meeting or hearing, he or she will need a record of the proceedings, and that for c such purpose, affected person may need to ensure that a verbatim record of the proceedings Is £ ©'o as ea " R9 I Day � -- P q a�f5 �atJaO @4f1� �BEf`7B �$ AJ� made which record includes the testimony and evidence upon which the appeal is to be based sarser ;? E:=-=